# Commission Implementing Regulation (EU) 2020/587 of 29 April 2020 amending Implementing Regulation (EU) No 1206/2011 laying down requirements on aircraft identification for surveillance for the single European sky and Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (Text with EEA relevance), Article 2

Extent: E+W+S+N.I.

Implementing Regulation (EU) No 1207/2011 is amended as follows:
(1) in Article 2, paragraph 2 is replaced by the following:
‘2. This Regulation shall apply to all flights operating as general air traffic in accordance with instrument flight rules within the Single European Sky airspace with the exception of Article 7(3) and 7(4) which shall apply to all flights operating as general air traffic’;
(2) in Article 4, paragraph 4 is deleted;
(3) in Article 5, paragraphs 5 and 6 are replaced by the following:
‘5. By 7 December 2020 operators shall ensure that:
(a) aircraft operating flights referred to in Article 2(2) are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:
(i) they have the capabilities set out in Part A of Annex II;
(ii) they have the continuity sufficient to avoid presenting an operational risk;
(b) aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:
(i) they have the capabilities set out in Parts A and B of Annex II;
(ii) they have the continuity sufficient to avoid presenting an operational risk;
(c) fixed wing aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:
(i) they have the capabilities set out in Parts A, B and C of Annex II;
(ii) they have the continuity sufficient to avoid presenting an operational risk.
Points (b) and (c) of the first subparagraph shall not apply to aircraft that operate within the Single European Sky airspace and that belong to one of the following categories:
(i) they are being flown to undergo maintenance;
(ii) they are being flown for export;
(iii) their operations will be ceased by 31 October 2025.
Operators of aircraft with a first certificate of airworthiness issued before 7 December 2020 shall comply by 7 June 2023 with the requirements set out in points (b) and (c) of the first subparagraph, subject to the following conditions:
(i) they have established before 7 December 2020 a retrofit programme demonstrating compliance with points (b) and (c) of the first subparagraph;
(ii) those aircraft have not benefitted from any Union funding granted to bring such aircraft in compliance with the requirements set out in points (b) and (c) of the first subparagraph.
For aircraft where the capability of the transponders to comply with the requirements of points (b) and (c) of the first subparagraph is temporarily inoperative, operators shall be entitled to operate that aircraft in the Single European Sky airspace for a maximum of 3 consecutive days.
6. Operators shall ensure that aircraft equipped in accordance with paragraph 5 and having a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operate with antenna diversity, with a minimum performance as prescribed in paragraph 3.1.2.10.4 of Annex 10 to the Chicago Convention, Volume IV, Third Edition, including all amendments up to No 77.’;
(4) in Article 5, paragraph 7 is deleted;
(5) in Article 6, paragraph 2 is deleted;
(6) in Article 7, paragraph 2 is deleted;
(7) in Article 7, paragraph 3 is replaced by the following:
‘3. Member States shall ensure that the assignment of 24-bit ICAO aircraft addresses to aircraft equipped with a Mode S transponder complies with Chapter 9 and its appendix of Annex 10 to the Chicago Convention, Volume III, Second Edition including all amendments up to No 90.’;
(8) in Article 8, paragraphs 1 and 2 are replaced by the following:
‘1. Member States shall ensure that, by 7 December 2020 at the latest, State aircraft comply with point (a) of Article 5(5).
2. Member States shall ensure that, by 7 December 2020 at the latest, transport-type State aircraft comply with point (c) of Article 5(5).’;
(9) in Article 8, the following paragraph 8 is inserted:
‘8. For State aircraft where the capability of the transponders to comply with the requirements of paragraphs 1 and 2 is temporarily inoperative, Member States shall be entitled to allow the operation of that aircraft in the Single European Sky airspace for a maximum of 3 consecutive days.’;
(10) Article 14 is deleted;
(11) the following Article 14a is inserted:
‘Flight Plans
Article 14a Operators of non-equipped State aircraft communicated as per Article 8(3) and operators of aircraft not equipped in accordance with Article 5(5) operating within the Single European Sky airspace, shall include the indicators SUR/EUADSBX or SUR/EUEHSX or SUR/EUELSX or a combination thereof, in Item 18 of the flight plan.’;
(12) Annex II is amended in accordance with Annex II to this Regulation;
(13) Annex IV is amended in accordance with Annex III to this Regulation.

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Source: https://www.legislation.gov.uk/eur/2020/587/article/2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2020-587/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.